Daily Republican., 1887-11-30
THIRD EDITION.
KIOHARDsON VS.. HORN.
Yesterday Afternoons session OF Court
Consumed In Hearing Witnesses for
the Defendant


Court reconvened at 3 c'clock yes erisy
afternoon, and immediatly after the open.
ing. Mr.. Lore opened Tor the defense
in the csse of Joseph 8. Richardson, VS.
Chales w. Horn. He said he expected
to be able TO snow tbat Mr.. Richardson
induced Mr.. Horn TO lease tie property,
by representing 60 him thai tne mill and
every th ing connected with 1t was in tx
celleut order, and that he could make at
least IS, 600 3 year out OF 1t. he also SAID
that be expected to be able TO show that
the engine and boiler were 10 bad order,
and the water power insufficient to run
the mill. He expected to show that when
a loy was being sawed the saw would
.ti k, and the ilog would have to be
drawn back, to allow the saw to obtain
Iroper momentum
He also alleged that the GOOD feet Of
lumber spoken OF by the plaintiff was
worm eaten and sap rotten, and that In
addition to the t20O Mr.. Horn paid for
rent, he had lost sic0
Mr.. Charles W. Horn testified that In
the early part OF the summer of 1855 he
went TO Richardso.'s mill and saw the
plaintiff, who proposed that he should
rent the mill at $500 year, at the same
time offering 20 give him all the old lum.
ber that was lying around. he also
1t was IN first class order, and that there
was plenty OF water TO run 1. at least
eight months in the year. The witness
told him that he would consult his sons
about the mater, and let him know, but
the next morping Mr.. Rictardsoa called
on him by o'clock with a lease ready
drawn up, for him TO sign. Mr.. Richard
son told him that If he would run the
mill up to its full capacity he could make
5000 wear.
Under these representations he signed
the lease aud took possession al once.
Upon going to the mill wi his con he
found q man named Beerbower in charge,
and employed him to remain with him He
found that the engine and boiler had to
be moved, which took some four or nve
weeks, after which he tried Tor four
months to make something out Of the
mill. Finding it impossible to do any
thing with It, he let Mr.. Forbes have It
for what he could make cut OF II, hut he,
after trying TO run IT awhile also aban
doned It. Sometime afterwards Mr..
Richardson rame TO see him, and when
the witness accused him Of having made
false statements about the mill, he admit
tel that he did, but said that If he had
no rente the mill 10 him a. the time he
would have been dead man inside of
two weeks. Mr.. Rchsrdsoa afterwards
admitted before the referees that he had
misrepresented the condition Of the mill
to the witness.
IN regard to the lumber, he said there
was not 80, 600 feet OF lumb r on the place
when he took the mill, and that when he
LET'S the II Ill there was more lumber there
than when he toCk Il. tie also left the
machinery in much better order, having
spent considerable money in having II re-
paired. The lumber that Mr. chlrdson
referred TO was sap rotten and worm eaten
- such an extent that itwould hardly pay
to cut ii up
The witness was cross examined AZ
length by Mr. Higgins, ard the fact
brought out tnat be mad used some OF The
lumtsr from the mil at his carriage fac
tory Ia this city
Charles Horn testified that he IS a
sou OF the defendant, and remembers
when Nr. Richardson came 10 his father
to get him to sign the lease. He heard
him say that the mill was 10 first class
order, and that the corn mill especially
was as good as there WAS in tie state 0.
Delaware.
Nathasiel Horn, another sou, was
sworn, aAd testified that he was also pres.
ent when the least was signed. Alter his
father took possession he went to the mill,
the engine vibrated ard swayed 20 mucl
that it was impossible 70 do anything with
1t. The engine did no: seem 10 hay,
power enough TO run the saw, as It wa
impossible to get 1t to saw log Tht
engine was moved aud the machinery pu
in the best order possible, but it stil
failed to do the work, and the wi u's
had found it impossible to run the ma
chinery with the steam ard wat r-powe
combined. During the four months the
had the mill they expended ii .23l, an
received for wood and o.her things S57-
At the end Of that time they gave Ii
mill u2 10 Mr.. Forbes.
When they took the mill the witnes
measured the lumber AID found TIN
there was %, ,0c0 feet, but the majority {
It was worm eaten and sap rotten
William Ii. Weeks was sworn, al
testified that be was one of the referee
that tried this case in October, 1855 A
that time Mr.. Horn stated that when /
rented the mill, Mr.. Richardson had re!
resented that 1t was in frst-class o.de
but this was denied BY Mr.. Richardson
who contended that he said f. was In goC
order, and did not use the words irs'
class al all Mr.. Richardson admitte
that he had told Mr. Ii rn that II be ha
not taken the mill off his hands when /
did, be would have been i dead man
two weeks.
Evan W. Lewis testified that he boue
pair OF tim Der wheels from Mr.. K char
son, and that the first tine lie SAW hi
about them, he sad that he mad least
the mill to Mr. Horn.
The witness then cal NJ, daring Il
summer OF le66, TO sse MIR Horn obo
them, aud he tJ'd him that he o1u
buy the wheels II he wanted 10, ss
bod given 40 ths roill As the witne
waa ANXIOUS to OBTAIN tha wheels
wrote TO Mr.. RicnsIdsou who vi
down t1e country, sDd finally 81
csedsd 10 hu7ipR them about Mover
bar /, 1886, for $50
Benjamin Beei Drower vEs uwol
and testth ID tnst in the spring OF IL
he was working for Mf Il aba!tsc
he has had c9nsl9erah Q experience
running en engins II attend ai 70
engine at Richardson's muI and o.
helped with the "a wing aud split.
wood. When no went o wo,k ior 4
Rschardsoo in March, 1888, he tod h
TO he caSfui With the boiler. ss II y
none too strong. a short time bel,
hr Horn io1x the mill the Large
gave cat, and in bis opinion the eng
aud boiler aud sll the mac1insry abe
the Place was in ysry b~d order.
IN saving a log, even with gteam &
water power con oioed, " Wad co
BILE to on more than slx or eight fe ei
d time. The log would theu hsve 10
backed, to give the engine = chance
get up steam. The wi.uese Tad Iu
man on the UCper Il Jor vi IA an mn